Unenforceable

Procedural Background: The case of Robert Holloway (the appellee) and Faw, Casson & Co. (the appellant) was first heard in the Circuit Court where the noncompetition clause was reviewed and modified and the case was later heard in the Court of Appeals of Maryland were monetary damages was sorted out. Facts: Robert Holloway used to work at Faw, Cason & Co. at their Salisbury address until he decided to withdrawal from the partnership to pursue another accounting firm (Twilley & Rommel). Which…

A non-compete is an agreement between a company and an employee that stating that the employee (Shelley) agrees to not work either in a certain field (HIM), within a certain distance from their office or with a competitor for a certain amount of time after leaving their employment. Shelly would be restricted by where she can work after leaving, who she can work with and when she can return to the workforce again. Autodoc wants to protect their time and training that they will put into Shelley.…

In order to define Nursing as a distinct discipline, one must first identify the parameters for classification as a discipline. The word discipline in and of itself has been defined in multiple different ways. For example, Parse defines discipline as “a branch of knowledge ordered through the theories and methods evolving from more than one worldview of the phenomenon of concern” (McEwen, p.4) while the Merriam-Webster dictionary defines discipline as simply “a field of study” (Merriam-webster…

Case Study: Law of Contract Name Institution Case Study: Law of Contract Introduction This piece of writing is meant to prove Jim and Laura not answerable to any form involvement in any form of contract as claimed by Stan. In case of an attempt to enter into a contract the essentials of a contract must be adhered to. The prevalent essentials that would prove an occurrence of a contract are offer, acceptance, consideration, mutuality of obligation, competency and capacity,…

The crux of the Michigan case rest largely upon nine (9) purported intercepted calls, which if proven false would not subject either brother to an indictment or to Michigan’s jurisdiction. The record lacks any evidence to prove that the lawyers filed several motions important to the outcome of the case. They did not file a Frank’s motion, a Motion to Suppress Evidence of Illegal Wiretapping under Title III and there is no motion under 901, 704 or 701 that could identify the voice or establish…

cannot be past like pre-dates the promise, for it belongs to the past but the current contract. Promise have to provide consideration for the promise they have received, if there is no consideration, there will not be a contract and the promise is unenforceable. Besides, there must be clear intention by the parties…

CHAPTER 2 RESEARCH THEORITICAL FRAMEWORK E-commerce is a significant and pervasive phenomenon that is impacting not only organizations and societies but also the structure of markets and the economics of distribution channel-structures. Among others, four theories have been widely applied to explain the rapid growth of e-commerce: the transaction cost economics (TCE) theory, the agency cost theory (ACT), the network externality theory, and the long tail theory. 2.1 Theories Review 2.1.1…

Lettuce Become Vegetarians Theoretical physicist Albert Einstein once said, “It is my view that the vegetarian manner of living, by its purely physical effect on the human temperament, would most beneficially influence the lot of mankind.” ("Vegan Quotes”). Currently in the United States, according to a study by Vegetarian Times, there are 7.3 million adult vegetarians and 22.8 million adults who partake in a vegetarian- inclined diet. Despite the staggering statistic, this group is solely…

actions. Francis Latanowich letter to the courts has caused the case of Collection Scandal at Sears, due to the fact that Latanowich had successfully gone through bankruptcy which left him without any debt being owed. Sears is being accused of using unenforceable agreements to collect debts that legally no longer exist (O'Rourke, 2013). I know this is a major setback for you Mr. Martinez with the effects of you striving to make this company great…

In Glimer, there was some ambiguity about the effect of the statutory exclusion for contracts of employment because, the arbitration clause was not in a contract between an employee and an employer, but rather was in a contract between an employee and the agency. The Supreme Court clarified the ambiguity in Circuit City Stores, Inc. v. Adams, where the Court interpreted the exemption for “contracts of employment” exceptionally narrowly. The Court held that the statute applied to all contracts…